ТИПОВОЕ СОГЛАШЕНИЕ ПО ВОПРОСУ О НЕПОСРЕДСТВЕННОЙ РЕПАТРИАЦИИ И ГОСПИТАЛИЗАЦИИ В НЕЙТРАЛЬНОЙ СТРАНЕ РАНЕНЫХ И БОЛЬНЫХ ВОЕННОПЛЕННЫХ (АНГЛ.)
CONCERNING DIRECT REPATRIATION AND ACCOMMODATION
IN NEUTRAL COUNTRIES OF
WOUNDED AND SICK PRISONERS OF WAR
(see Article 110)
I. PRINCIPLES FOR
DIRECT REPATRIATION AND
ACCOMMODATION IN NEUTRAL COUNTRIES
The following shall be repatriated direct:
1. All prisoners of war suffering from the following disabilities as the result
of trauma: loss of a limb, paralysis, articular or other disabilities, when this
disability is at least the loss of a hand or a foot, or the equivalent of the
loss of a hand or a foot.
Without prejudice to a more generous
interpretation, the following shall be considered as equivalent to the loss of a
hand or a foot:
(a) Loss of a hand or of all the fingers, or of
and forefinger of one hand; loss of a foot, or of all the
and metatarsals of one foot.
loss of osseous tissue, cicatricial
the functioning of one of the large
articulations or of all the
digital joints of one hand.
(c) Pseudarthrosis of the long
(d) Deformities due to fracture or other injury
seriously interfere with function and weight-bearing power.
2. All wounded prisoners of war whose condition has become chronic, to the
extent that prognosis appears to exclude recovery - in spite of treatment -
within one year from the date of the injury, as, for example, in case of:
(a) Projectile in the heart, even if the Mixed Medical
Commission should fail, at the time of their examination, to
detect any serious disorders.
(b) Metallic splinter in the
brain or the lungs, even if
the Mixed Medical Commission
cannot, at the time of
examination, detect any local or
(c) Osteomyelitis, when recovery cannot be
foreseen in the
course of the year following the injury, and
likely to result in ankylosis of a joint, or other
equivalent to the loss of a hand or a foot.
(d) Perforating and suppurating injury to the large
(e) Injury to the skull, with loss or shifting of
(f) Injury or burning of the face with
loss of tissue and
to the spinal cord.
(h) Lesion of the peripheral nerves, the
sequelae of which
are equivalent to the loss of a hand or foot, and
the cure of
which requires more than a year from the date of
example: injury to the brachial or lumbosacral plexus
or sciatic nerves, likewise combined injury to the radial
cubital nerves or to the lateral popliteal nerve (N.
communis) and medial popliteal nerve (N. tibialis); etc.
separate injury of the radial (musculo-spiral),
lateral or medial popliteal nerves shall not, however,
repatriation except in case of contractures or of
(i) Injury to the
urinary system, with incapacitating
3. All sick
prisoners of war whose condition has become chronic to the extent that prognosis
seems to exclude recovery - in, spite of treatment - within one year from the
inception of the disease, as, for example, in case of:
Progressive tuberculosis of any organ which, according
prognosis, cannot be cured or at least considerably
treatment in a neutral country.
(b) Exudate pleurisy.
(c) Serious diseases of the respiratory organs of
non-tubercular etiology, presumed incurable, for example:
serious pulmonary emphysema, with or without bronchitis;
chronic asthma <*>; chronic bronchitis <*> lasting more than
year in captivity; bronchiectasis <*>; etc.
(d) Serious chronic
affections of the circulatory system,
for example: valvular lesions
and myocarditis <*>, which have
shown signs of circulatory
failure during captivity, even
though the Mixed Medical Commission
cannot detect any such
signs at the time of examination;
affections of the
pericardium and the vessels (Buerger"s disease,
the large vessels); etc.
chronic affections of the digestive organs,
gastric or duodenal ulcer; sequelae of gastric
performed in captivity; chronic gastritis,
colitis, having lasted more than one year and
the general condition; cirrhosis of the
cholecystopathy <*>; etc.
(f) Serious chronic affections of
organs, for example: chronic diseases of
the kidney with
consequent disorders; nephrectomy because of a
kidney; chronic pyelitis or chronic cystitis;
or pyonephrosis; chronic grave gynaecological
normal pregnancy and obstetrical disorder, where
impossible to accommodate in a neutral country; etc.
(g) Serious chronic diseases of the central and peripheral
nervous system, for example: all obvious psychoses and
psychoneuroses, such as serious hysteria, serious captivity
psychoneurosis, etc., duly verified by a specialist <*>; any
epilepsy duly verified by the camp physician <*>; cerebral
arteriosclerosis; chronic neuritis lasting more than one year;
(h) Serious chronic diseases of the
system, with considerable diminution of mental
fitness, noticeable loss of weight and general
(i) Blindness of both eyes, or of one eye when the
of the other is less than 1 in spite of the use of
glasses; diminution of visual acuity in cases where
impossible to restore it by correction to an acuity of 1/2
at least one eye <*>; other grave ocular affections, for
example: glaucoma, iritis, choroiditis; trachoma; etc.
(k) Auditive disorders, such as total unilateral deafness,
other ear does not discern the ordinary spoken word at
of one metre <*>; etc.
(l) Serious affections of metabolism,
diabetes mellitus requiring insulin treatment;
(m) Serious disorders of the endocrine glands,
example: thyrotoxicosis; hypothyrosis; Addison"s
Simmonds" cachexia; tetany; etc.
and chronic disorders of the blood-forming
(o) Serious cases of chronic intoxication, for example:
poisoning, mercury poisoning, morphinism, cocainism,
gas or radiation poisoning; etc.
(p) Chronic affections of
locomotion, with obvious
functional disorders, for example:
primary and secondary progressive chronic
rheumatism with serious clinical symptoms; etc.
(q) Serious chronic skin diseases, not amenable to
(r) Any malignant growth.
Serious chronic infectious diseases, persisting for
after their inception, for example: malaria with
organic impairment, amoebic or bacillary dysentery
disorders; tertiary visceral syphilis resistant to
(t) Serious avitaminosis or serious inanition.
<*> The decision of the Mixed
Medical Commission shall be based to a great extent on the records kept by camp
physicians and surgeons of the same nationality as the prisoners of war, or on
an examination by medical specialists of the Detaining Power.
Accommodation in neutral countries
The following shall be eligible for
accommodation in a neutral country:
1. All wounded prisoners of war who
are not likely to recover in captivity, but who might be cured or whose
condition might be considerably improved by accommodation in a neutral
2. Prisoners of war suffering from any form of tuberculosis, of
whatever organ, and whose treatment in a neutral country would be likely to lead
to recovery or at least to considerable improvement, with the exception of
primary tuberculosis cured before captivity.
3. Prisoners of war
suffering from affections requiring treatment of the respiratory, circulatory,
digestive, nervous, sensory, genito-urinary, cutaneous, locomotive organs, etc.,
if such treatment would clearly have better results in a neutral country than in
4. Prisoners of war who have undergone a nephrectomy in
captivity for a nontubercular renal affection; cases of osteomyelitis, on the
way to recovery or latent; diabetes mellitus not requiring insulin treatment;
5. Prisoners of war suffering from war or captivity neuroses. Cases
of captivity neurosis which are not cured after three months of accommodation in
a neutral country, or which after that length of time are not clearly on the way
to complete cure, shall be repatriated.
6. All prisoners of war
suffering from chronic intoxication (gases, metals, alkaloids, etc.), for whom
the prospects of cure in a neutral country are especially favourable.
All women prisoners of war who are pregnant or mothers with infants and small
The following cases shall not be eligible for accommodation in
a neutral country:
1. All duly verified chronic psychoses.
All organic or functional nervous affections considered to be incurable.
3. All contagious diseases during the period in which they are transmissible,
with the exception of tuberculosis.
II. GENERAL OBSERVATIONS
conditions given shall, in a general way, be interpreted and applied in as broad
a spirit as possible.
Neuropathic and psychopathic conditions caused by
war or captivity, as well as cases of tuberculosis in all stages, shall above
all benefit by such liberal interpretation. Prisoners of war who have sustained
several wounds, none of which, considered by itself, justifies repatriation,
shall be examined in the same spirit, with due regard for the psychic traumatism
due to the number of their wounds.
2. All unquestionable cases giving
the right to direct repatriation (amputation, total blindness or deafness, open
pulmonary tuberculosis, mental disorder, malignant growth, etc.) shall be
examined and repatriated as soon as possible by the camp physicians or by
military medical commissions appointed by the Detaining Power.
Injuries and diseases which existed before the war and which have not become
worse, as well as war injuries which have not prevented subsequent military
service, shall not entitle to direct repatriation.
4. The provisions of
this Annex shall be interpreted and applied in a similar manner in all countries
party to the conflict. The Powers and authorities concerned shall grant to Mixed
Medical Commissions all the facilities necessary for the accomplishment of their
5. The examples quoted under (1) above represent only typical
cases. Cases which do not correspond exactly to these provisions shall be judged
in the spirit of the provisions of Article 110 of the present Convention, and of
the principles embodied in the present Agreement.